Kelly v. National Savings Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Sarah E. Kelly, from a judgment of the Supreme Court in favor of the defendant executors, entered in the office of the clerk of the county of Albany on the. 9th day of July, 1907, upon the decision of the court, rendered'after a trial at the Albany Special Term, dismissing the complaint upon the merits.
1Opinion of the Court
Kellogg, J.:
The facts are substantially the same as in Kelly v. Home Savings Bank (103 App. Div. 141) except as to the transaction at the bank when the account and pass hook were changed. Prior to May 29, 1899, account No. 38,455 stood in this bank in the name of Mrs. K. *104Y. Beers and her pass book was in that form. Upon that day the pass book and account were.changed so as to read : “Mrs. Kat.e Y. Beers in trust for Sarah E. Kelly, her daughter.” The signature of Mrs. Beers, already appeared upon the signature book of the bank. The signature of Sarah E. Kelly, Burlington, Yt., is pasted into…
2Cases cited2 opinions
- In Re the Accounting of TottenNew York Court of Appeals · 1904
- Kelly v. Home Savings BankAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by2 opinions
- Hallock v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1910
- Vroom v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1909